Who We Are

We are Lexikin Limited, a company incorporated and registered in England and Wales with company number 07890392 whose registered office is at 59-60 Russell Square, London, WC1B 4HP.

These Terms Of Use

These terms of use (together with the documents referred to in it) (the Terms) govern your relationship with us when you use our website www.lexikin.com (the Site) and (if applicable) use any of the services offered via the Site (the Services).

Different sections of these Terms will apply to you depending on how you use the Site and (if applicable) the Services – these are set out in the list below. Please refer carefully to the relevant sections of these Terms before you start to use the Site and (if applicable) the Services. We recommend that you print a copy of these Terms for future reference. By using the Site and (if applicable) the Services, you will be deemed to have understood and accepted these Terms, which form a binding agreement between you and us.

If you are BROWSING the Site only: Section 1 of these Terms will apply to your access to the Site.

If you are a SUBSCRIBER to any of our Services: Section 1 and Section 2 of these Terms will apply to your use of the Site and your use of the Services.

If you are an EXECUTOR or ADMINISTRATOR of a SUBSCRIBER’S estate (making you a Personal Representative): Section 1 and Section 3 of these Terms will apply to your use of the Site.

If you are a FRIEND or FAMILY MEMBER who has been authorised by a SUBSCRIBER to access their account (making you a Permitted User): Section 1 and Section 4 of these Terms will apply to your use of the Site and your access of the Subscriber’s account.

Section 1: Terms Of Website Use

Other Applicable Terms

These Terms refer to the following additional terms and conditions, which also apply to your use of the Site:

Our Privacy Policy, which sets out the terms on which we process any personal data we collect from you, or that you provide to us. By using the Site and (if applicable) the Services, you consent to such processing and you warrant that all data provided by you is accurate.

Our Cookies Policy, which sets out information about the use of cookies on the Site.

Changes to These Terms

We may revise these Terms at any time by amending this page. Please check this page from time to time to take notice of any changes we made, as they are binding on you.

Access to the Site

You are responsible for making all arrangements necessary to access the Site. You are also responsible for ensuring that all persons who access the Site through your internet connection are aware of these Terms and that they comply with them.

You may use the Site only for lawful purposes. In particular, but without limitation, may not use the Site:

in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;

to send, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam); or

to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of the Site or any computer software or hardware.

You also agree:

not to reproduce, duplicate, copy or re-sell any part of the Site in contravention of these Terms; and

not to access without authority, interfere with, damage or disrupt (a) any part of the Site; (b) any equipment or network on which the Site is stored; (c) any software used in the provision of the Site; or (d) any equipment or network or software owned or used by any third party.

Availability of the Site

The Site is provided on an “as is” basis without any warranties of any kind. We make no representations, warranties or guarantees of any kind regarding the availability or operation of the Site or that the Site will be secure, uninterrupted or free of defects.

Your access to the Site may be suspended or restricted occasionally to allow for maintenance, repairs, upgrades, or the introduction of new facilities or services. We will always try to limit the frequency and duration of any planned disruption but we will not be liable to you if for any reason the Site is unavailable at any time or for any period.

Intellectual Property

You acknowledge that the Site and all material published on the Site including but not limited to text, graphics, photos, logos, button icons, images, trade marks, audio and audio visual clips, databases, data compilations, data and software (but excluding any content uploaded by Subscribers) (the Content) are owned and controlled by or licensed exclusively to us. You may not copy, adapt, display, communicate to the public or otherwise use any Content except as enabled and permitted by the Services from time to time.

You may print off one copy, and may download extracts, of any page(s) from the Site which you are authorised to access provided that such prints and downloads are for your personal and non-commercial use only.

No Reliance on Information

The content on the Site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on the Site. Although we make reasonable efforts to update the information on the Site, we make no representations, warranties or guarantees, whether express or implied, that the content on the Site is accurate, complete or up-to-date.

Links to Other Sites

The Site may offer links to other websites from which third party services can be obtained and which we reasonably believe to be reputable sources of such services. However, you acknowledge that these other websites are independent from us and we make no representations or warranties as to the legitimacy, accuracy or quality of such third party services, and we do not accept any responsibility for their content, safety, practices or privacy policies.

Computer Viruses

We will use reasonable endeavours to ensure that no part of the Site will contain or spread any viruses or other malicious code. However, we recommend that you ensure that computers used to access the Site run up-to-date anti-virus software as a precaution, and you are advised to virus-check any materials downloaded from the Site and regularly check for the presence of viruses and other malicious code.

To the full extent permitted by law we exclude liability for damage or loss of any kind caused by viruses or other harmful components originating or contracted from the Site.

Limitation of Liability

Nothing in these Terms excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law.

Except as expressly set out in these Terms, we make no representations, warranties or guarantees of any kind in respect of the Site or any content available through the Site and all conditions, warranties and representations express or implied are hereby excluded to the full extent permitted by law.

We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise arising under or in connection with (a) use of, or inability to use, the Site; or (b) use of or reliance on any content displayed on the Site.

We provide the Site for domestic and private use only. You agree not to use the Site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programmes, data or other proprietary material due to your use of the Site or to your downloading of any content on it, or on any website linked to it.

We assume no responsibility for the content of any third party websites linked to on the Site and we will not be liable for any loss or damage that may arise from your use of them.

Termination

We may, in our sole discretion, terminate your password, account (or any part thereof) or use of the Site and/or Services without notice if you are in breach of these Terms or if we believe in our absolute discretion that your use of the Services is unsuitable in any way.

Miscellaneous

No variation of these Terms shall be effective or bind us unless made in writing and signed by or on behalf of us.

If any provision or part of a provision of these Terms is held to be illegal, invalid, unenforceable or against public policy pursuant to a final adjudication by a court of competent jurisdiction, such provision will be deemed severed from these Terms and the remainder of these Terms will remain in full force and effect.

No provision of these Terms shall be enforceable solely by virtue of the Contracts (Rights of Third Parties) Act 1999 by any person who is not a party to these Terms.

These Terms are governed by English law and the courts of England and Wales shall have non-exclusive jurisdiction over any disputes arising in respect of or in relation to these Terms and your use of the Site and (if applicable) the Services.

Contact Us

Section 2: Subscribers – Additional Terms Of Use

Our Services

We provide various Services via the Site, including but not limited to Services which allow you to:

create a ‘scrapbook’ – a social medium which may be accessed by your Permitted Users;

create a digitally secure archive to which personal, legal, asset and other information and documentation may be uploaded and stored;

make funeral arrangements;

give to charity;

make certain tax, insurance and/or estate planning arrangements; and

create and amend a will and associated documents (the Will-Drafting Services).

The list above is not an exhaustive list of the Services offered via the Site and we may decide to offer additional Services, or cease to provide any Services, at any time.

Becoming a Subscriber

To access to the Services we require you to become a Subscriber by registering on the Site. To do this, you will need to complete a registration process by providing certain information (including your name, email address and, in some cases, payment details) and registering a username and password for use in connection with that Service.

You agree that you will provide truthful and accurate information when registering on the Site. The decision to register a password is in our discretion and we may revoke your password at any time.

You are responsible for maintaining the confidentiality of your password and account information, and you are solely responsible for all activities that occur under your password or account and for any access to or use of the Site by you or any person or entity using your password, whether or not such access or use has been authorised by you.

You must immediately notify us of any unauthorised use of your password or account or any other breach of security. We will not be liable for any loss or damage whatsoever resulting from the disclosure of your username and/or password contrary to these Terms.

You are responsible for ensuring that the information we hold is up to date. Please amend your details as appropriate from time to time or emailcustomerservices@lexikin.com to notify us of any changes.

Please refer to our Privacy Policy for further explanation as to how we use the information we collect from you.

The Will-Drafting Services

The Will-Drafting Services are supplied by an approved third party supplier (the Supplier). The identity of the Supplier who from time to time supplies the Will-Drafting Services will be displayed on the Site.

The process for subscribing to the Will-Drafting Services is as follows:

Once you have registered with the Site and become a Subscriber, you will be invited to provide certain details about yourself, your family and your assets.

The relevant page of the Site describes the Will-Drafting Services offered by the Supplier including details of (a) the standard fee chargeable by the Supplier for each of the Will-Drafting Services (the Standard Supplier Fee); and (b) our administration fee (the Administration Fee, and together with the Standard Supplier Fee referred to as the Combined Fee). The Combined Fee is payable on the Site when requesting the Will-Drafting Services.

If you indicate that you wish to subscribe to the Will-Drafting Services, you will be invited to complete and submit a subscriber request form which sets out the details of the specific Will-Drafting Services you require (Subscriber Request). You will be asked to complete the answers to all the relevant questions and to confirm that your answers will form your instructions to the Supplier to provide the requested Will-Drafting Services.

You will next be referred to the Supplier’s own terms and conditions (the Supplier’s Terms) and you will be required to tick the check box stating that you have read, acknowledged and accepted those terms and conditions. If you do not accept those terms and conditions you will not be able to use the Will-Drafting Services.

You will then be asked to complete the payment information (including credit/debit card details, if applicable) before submitting your Subscriber Request.

Upon receipt from you of the completed Subscriber Request and your payment of the Combined Fee, we will send your Subscriber Request to the Supplier.

We will hold the Combined Fee you have paid to your order until such time as either:

1. the Supplier has accepted your Subscriber Request, in which case we will release the Standard Supplier Fee to the Supplier, retaining only the Administration Fee; or

your Subscriber Request is not accepted by the Supplier for any reason, in which case we will refund the Combined Fee to you without deduction within seven (7) working days; or

you have requested a bespoke Will-Drafting Service and you have agreed with the Supplier that you will pay the Supplier directly for such bespoke Will-Drafting Service, in which case we will refund the Combined Fee to you without deduction within seven (7) working days.

As soon as we have released to the Supplier the Standard Supplier Fee paid by you, all further dealings in relation to the Will-Drafting Services must take place directly between you and the Supplier under the Supplier’s Terms. You acknowledge that our release to the Supplier of the Standard Supplier Fee upon the Supplier’s acceptance of your Subscriber Request or (in the alternative) our refund to you of the Combined Fee in the circumstances noted above extinguishes all our obligations to you in respect of the Will-Drafting Services.

Except as set out above, the Will-Drafting Services will be subject to the Supplier’s Terms only and we accept no liability for the provision of the Will-Drafting Services by the Supplier.

Uploading Content

If you become a Subscriber to the Services, you may upload information and documentation (Subscriber Content) to a digitally secure archive area on the Site using the interface provided.

You may authorise your Permitted Users and/or Personal Representatives to access all or some of your Subscriber Content.

You are solely responsible for ensuring that you have all the necessary rights to all Subscriber Content uploaded to the Site, including without limitation all rights required to enable access to and use of the Subscriber Content by your Permitted Users and/or Personal Representatives. You are solely responsible for how you share, and who may access, your Subscriber Content using the controls provided. You hereby grant to us a royalty-free, worldwide, irrevocable licence in perpetuity to host and store your Subscriber Content via the Site, and to make available your Subscriber Content to your Permitted Users and/or Personal Representatives.

You may not upload any Subscriber Content that (a) contains defamatory, threatening, abusive, pornographic, or otherwise objectionable material; (b) advocates bigotry, hatred, or illegal discrimination; or (c) violates any law, any intellectual property, publicity, privacy, or other right of others, or any licence or other agreement by which you are bound.

As between us and you, the Subscriber Content is and will remain owned and controlled solely by you and you acknowledge that you have sole responsibility for the Subscriber Content and the accuracy and completeness of all data in the Subscriber Content.

Our Undertakings

We undertake:

to provide the Services with all reasonable care and skill and at all times in accordance with prevailing industry standards; and

to use reasonable efforts in accordance with prevailing industry standards to protect the security of any information submitted by you to the Site (including but not limited to the Subscriber Content) in connection with the Services.

Except as expressly set out above, we make no representations, warranties or guarantees of any kind in respect of the Site or the Services and all conditions, warranties and representations express or implied are hereby excluded to the full extent permitted by law.

Limitation of Liability

Nothing in this Section of the Terms in any way limits or excludes our liability (a) for death or personal injury caused by our negligence; (b) for fraud or fraudulent misrepresentation; or (c) for any other matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.

In relation to the supply of Services our liability for losses which you suffer is strictly limited to the purchase price paid by you for such Services, if any, and any losses which are a foreseeable consequence of us breaching these Terms. Losses are foreseeable if they are contemplated by you and us at the time your order for Services is accepted by us.

Notwithstanding the foregoing, we will not be liable for:

any losses that were not caused by any breach of these Terms on our part;

any indirect or consequential losses that were not foreseeable to both you and us when you commenced using the Services;

any losses which are the result of your use of or the provision of any Services which are supplied by third parties (including without limitation the Will-Writing Services); or

any losses to the extent that they result from a breach by you of any of these Terms.

You agree to indemnify us from any claim or demand made by any third party due to, or arising out of (a) your breach of these Terms; (b) your misuse of the Services; or (c) your violation of any applicable law or third party right.

Payment Methods

We accept payment via SagePay including major credit cards and PayPal.

Prices for all the Services appear on the Site and are inclusive of VAT unless otherwise stated. We may change the prices for Services at any time by posting new prices on the Site.

By paying using your credit or debit card you confirm that the card is yours and that there are sufficient funds or credit available to cover the charges.

Your Right to Cancel

You have the right cancel your subscription to any of the Services at any time within fourteen (14) days beginning on the day after you registered for the Services (the Cooling-Off Period), provided that you do not log into the Services within the Cooling-Off Period. If you do log into the Services within the Cooling-Off Period you will no longer have a right to cancel or withdraw from your subscription. In addition, after the Cooling-Off Period has elapsed you no longer have the right to cancel your subscription and/or receive a refund even if you do not subsequently log into the Services.

If you exercise your right to cancel (and provided always that you have not logged into the Services within the Cooling-Off Period), you will receive a full refund of the price paid for the Services. We will process the refund due to you as soon as possible and, in any case, within 30 days of the day on which you give us notice of cancellation.

Section 3: Personal Representatives – Additional Terms Of Use

Accessing Subscriber Content

If you are a Subscriber’s Personal Representative, upon the death of the Subscriber you will be granted access to such Subscriber Content as may have been authorised by the Subscriber prior to the Subscriber’s death for the purposes of carrying out your duties in respect of the Subscriber’s estate, and such access will be permitted following that later of:

production by you of such documentary evidence as we require verifying the death of the Subscriber;

production by you of such documentary evidence as we require verifying your identity and status as Personal Representative; and

payment to us of the applicable fee as may from time to time be displayed on the Site for such access.

Once we have received all of the above from you, you will need to complete a registration process by providing certain information and registering a username and password for use in connection with your access to the Subscriber Content.

You agree that you will provide truthful and accurate information when registering to the Site. The decision to register a password is in our discretion and we may revoke your password at any time.

You are responsible for ensuring that the information we hold is up to date. Please amend your details as appropriate from time to time or emailcustomerservices@lexikin.com to notify us of any changes.

Please refer to our Privacy Policy for further explanation as to how we use the information we collect from you.

Confidentiality

You acknowledge that the Subscriber Content to which you are granted access may be confidential and you agree to not to disclose or use or authorise the disclosure or use of any Subscriber Content save as may be required for the purposes of carrying out your duties in respect of the Subscriber’s estate.

You are responsible for maintaining the confidentiality of your password and account information, and you are solely responsible for all activities that occur under your password or account and for any access to or use of the Subscriber Content by you or any person or entity using your password, whether or not such access or use has been authorised by you.

You must immediately notify us of any unauthorised use of your password or account, any unauthorised access of the Subscriber Content, or any other breach of security. We will not be liable for any loss or damage whatsoever resulting from the disclosure of your username and/or password contrary to these Terms.

Section 4: Permitted Users – Additional Terms Of Use

Accessing Subscriber Content

If you are a Permitted User who has been authorised by a Subscriber to access certain areas of their account, you will be required to complete a registration process by providing certain information and registering a username and password for use in connection with your access to the Subscriber’s account.

You agree that you will provide truthful and accurate information when registering to the Site. The decision to register a password is in our discretion and we may revoke your password at any time.

You are responsible for ensuring that the information we hold is up to date. Please amend your details as appropriate from time to time or emailcustomerservices@lexikin.com to notify us of any changes.

Please refer to our Privacy Policy for further explanation as to how we use the information we collect from you.

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